ADM. REVIEW DOCKET NO.: CL420161RT
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CL420161RT
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: BK426415BR
HISHAM RIFAI
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND MODIFYING ADMINISTRATOR'S ORDER
The above-named tenant filed a timely petition for
administrative review of an order issued concerning the housing
accommodations known as 319 East 50th Street, Apt. 12E, New York,
N.Y.
The Commissioner has reviewed all the evidence in the record
and has carefully considered that portion of the record relevant to
the issues raised by the petition.
The issue before the Commissioner is whether the
Administrator's order was correct.
The Administrator's order being appealed, BK426415BR was
issued on July 14, 1988. In that order, the Administrator found
that the owner was granted eligibility for a 1988/89 Maximum Base
Rent (MBR) increase, due to the owner's meeting the violation
certification requirements necessary to the owner's being granted
an MBR increase.
On appeal the tenant contends that various "violations" at the
subject premises remain outstanding. Among these conditions is
"roaches throughout building."
The Commissioner is of the opinion that this petition should
be granted.
ADM. REVIEW DOCKET NO.: CL420161RT
A List of Pending Violations (LPV) disclosed that 12
violations (all non rent-impairing) were outstanding against the
subject premises. To obtain eligibility to raise MBRs at the
subject premises for the 198/89 cycle, the owner was, pursuant to
the Rent and Eviction Regulations required to certify to the
Administrator that at least ten of those violations had been
cleared.
An examination of the record reveals that the owner cleared
ten of the violations and was thus granted eligibility.
However, gaining eligibility does not merely consist of
clearing violations described in the LPV. Pursuant to Section
2202.3(b)(2) of the New York City Rent and Eviction Regulations,
the owner must additionally certify that all essential services are
being maintained at the subject premises. Essential services are
defined in the Section as those services whose "failure to provide
and/or maintain...would...be detrimental to the health
of...the...tenants."
The Commissioner is of the opinion that the prevention of
roach infestation is an essential service. The Commissioner notes
that one of the two outstanding violations at the subject premises
(violation #59), was roach infestation in one apartment (not the
apartment of the petitioner-tenant). The Commissioner further
notes that roach infestation may spread from one apartment to
others.
Despite the above, the Commissioner is of the opinion that the
owner is otherwise eligible for a 1988/89 MBR increase at the
subject building.
The Commissioner notes that, despite his allegations of
building-wide roach infestation the petitioner-tenant filed the
instant appeal on behalf of his own apartment only. (The
Commissioner notes that various other tenants filed Challenges to
the Administrator's order granting eligibility, and that these
Challenges were dismissed by the Administrator. The Commissioner
further notes that none of these dismissals were further appealed.)
The Commissioner is therefore of the opinion that it would be
prejudicial to the owner to deny it eligibility to raise MBRs for
1988/89 at the subject building. The Commissioner is therefore of
the opinion that the subject apartment should be exempt from the
1988/89 MBR increase, which is otherwise granted to the owner of
the subject building.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations, it is
ADM. REVIEW DOCKET NO.: CL420161RT
ORDERED, that this petition for administrative review be, and
the same hereby is, granted, and that the order of the Rent
Administrator be, and the same hereby is modified to the extent
that the subject apartment is declared exempt from the 1988/89 MBR
increase.
The owner is directed to serve upon the petitioner-tenant a
duly modified RN.26 form. The owner is further directed to adjust
accordingly any and all subsequent MBR increases.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner